The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-02-18

make strict examination OF tie copies OF AMI
davits and records Of numbers thereof furnished
him by the county clerk. and ascertain whether
such druggist has returned all affidavits fur
nished him in blank by the county clerk. and il
any such affidavit blank is missing. said pro-
tate judge shall require such druggist to file in
stead thereof his affidavit showing as near as he
can what has become OF such affidavit or blank.
For each series Of a1idavits fled under the pro-
visions Of this act the probate judge shall col
lect fee Of $50. [ameaded TO read when a
fraction OF 100 is flied the fec shall be paid pro
rata which shall be paid by him on the first
! day Of each month into the county treasury for
! the benefit of the general county revenue fund
/ The probate Judge shall receive for his services
under this act. in addition to other fees allowed
| by law, salary OF 80 per annum for
each lpo inhabitants in such county.
! the number to be determined by
the last annual census return of said county:
/ but in no case shall such salary exceed in the
aggregate the sum OF 500 per annuri. to be
paid BE- the county commissioners as other sal
| aries. Amended to read the probate judge
I shall receive no fees for his services except \
! salary OF SIS per annum for each 1,;so irha0t-
ants. and the limit increased from sjD TO sI.0oo
/ Ever person whose All iavit so made FOR the
/ purpose @: obtaining Intoxicating liquors shall
be false in any material matter. shall be deemed
( guilty OF perjury and shall be punished by con-
I finemeut and hard labor for a period not eX-
| ceeiing two years or by confinement in the
| county Jail not less than SIX months. Any per
| son VINO shall subscribe any name or character
! other than his own name TO an affidavit for the
purpose of obtaining Intoxicating liquors as pro-
/ vited herein. shall be deemed guilty OF forAcry
| in the fourth degree, and punished therefor as
! in other cases of forgery. Every person who
[ shall sell or furnish intoxicating liquors SO oh
tanned by him upon affidavit % Others as a bev-
| erage shall I've deemed guilty of a misdemeanor
and upon convection therefor shall b. punished
by fine OF not less than 500 or more than 500,
| and by imprisonment in the county Jail not less
than thirty days nor more than ninety days. No
| drl-gist or pharmacist or assistant pharmacist
1 in his employ shall sell any OF the Intoxicating
/ liquors mentioned herein. or administer the
oath or receive the affidavit thereof. except in
full view OF the front door of such place OF bust
ness. Every such druggist shall keep "A book
wherein shall be recorded all sales OF intoxicat-
/ ing liquors made by him or his employees. show
| ing the name and residence OF the purchaser.
| the kind and quantity OF the liquor sold the
purpose for which il was sold and the date OF
| sale. Such records and affidavits shall De open
for the inspection of the public IL all reasonable
| times during business hours.
| Sec 3. That section Of chapter l2S of the ses-
| sion laws OF 1881, as amended by section of
| chapter l49 OF the session laws OF 1875, be and
! the same is hereby amended SO to read as
| follows: Sec. 9. Every person having permit
| 10 sell Intoxicating liquors or to manufacture
| and sell Intoxicating liquors under the pro-
| visions of this act. or Of the acts TO which this
! is amendatory and supplemental. who shall sell
| or barter such liquors in any other manner. or
| for any other purpose than in said acts pro-
| yidcd: or who shall barter or sell the same TO
| any person when he has reason to believe that
! the person purchasing the liquor is obtaining
| the same for any other than the excepted pur-
| poses. although he may have filed the affidavit
! as herein provided: or who shall sell to any
| person under the influence of liquor. or who is
| in the habit of becoming intoxicated: or who
| shall allow liquor sold a medicine or other
wise 10 be drunk on his premises Iamended to
| read except when administered by physicianl
| or any apartment connected Herewith and I'M
| der his control: or any druggist who shall use
| or attempt to return to the probate judge any
| affidavit other than those provided for in this
act, who shall violate any OF the provisions Of
| this act: and any pharmacist or assistant phar-
ulacist who shall place his iu-at upon any aft
davit for the sale of intoxicants as provided
! in this act. without first having seen the
applicant sign his name to the same
aad sworn him thereto provided Gy
| law. shall be deemed guilty of INSIDE
uleanor. and upon conviction thereof. punished
| by fine in any sum notices. than 800 nor more
| than SJa. and be imprisoned in the county jail
/ not less than thirty days nor more than ninety
days, and shall forfeit his permit issued under
the provisions of this act. and for the period of
| FIVE years thereafter his right to obtain per
nit: and in all cases where forfeitures are pro-
vided for under this act. the court shall declare
| the same in rendering Judgment in the action.
Section 4. That section Is of chapter rs OF the
session laws Of 1871, as amended by section Is
of chapter Ii9 OF the session laws of 1885, be and
| the sane Is hereby amended Is to read as
follows: Section l3. All places where intoxicat-
| ing liquors are manufactured. sold. bartered or
given away in violation OF any of the provisions
OF this act or where persons are permitted to
\ resort for the purpose Of drinking intoxicating
! liquors as a beverage. or where Intoxicating
liquors AFRO kept for sale. barter or delivery in
violation OF thi, set. are hereby declared TO be
common nuisaaces; and upon the Judgment OF
the court having jurisdiction finding such place
10 be nuisance under this section the sheriff
his deputy or under sheriff, or any constable
Of the proper county. or marshal OF any
| city where the same is located shall be
| directed to shut up and abate such
place, by taking possession thereof and
destroying AL such Intoxicating liquors
| found therein. together with all signs screens.
| bars. bottles. glasses and other property used
| in keeping and maintaining said nuisance: and
| the owner or keeper thereof shall upon convic-
| ton De a1ludged guilty OF maintaining a cou,-
| mon nuisance. snd shall be punished by fine
not less than slB nor more than $50. and by
! thirty days nor more than ninety days. The
! Attorney General county attorney or any citi-
| zen of the county where such nuisance exists.
| or is kept, or is maintained. may maintain An
\ action in the name o: the State 70 abate and
perpetually enioin the same. The injunction
| shall be granted at the commencement OF the
action. and no bond shall be required. Any
| person violating the terms OF any injunction
granted in such proceedings shall be punished
for contempt. by fine OF not less than tl0o nor
more than $50, or by Imprisonment in the
| county jail not less than thirty days nor more
| than six months. or by both such fine and i'm
prsonmeut in the discretion Of the court or
| Judge thereof.
Section s. That section II Of chapter i49 Of the
session laws of ISIS be and the same is hereby
amended so as to read as follows: Section IL.
| II shall be the duty Of the county attorneys TO
! diligently prosecute any and all persons vioat-
ing any OF the provisions Of this Act in their res
pective counties and TO bring suit upon all
| bonds or recognizances forfeited Immediately
after the happening Of such forfeiture TO recover
| the penalty and 10 pay all money SO collected.
| less his fee for collecting the same, as herein
provided. into The school fund OF the county. II
any county attorney shall fail. neglect or refuse
| TO faithfully perform any duty imposed upon
| him by this act he shall be deemed guilty OF a
nisdemeanor. and upon conviction thereof
! shall be fined il any sum not less than
eltS nor more than s1S. and be ImpriS-
oned in the county Jail not less than ten days
nor more than ninety days: and such conviction
shall operate forfeiture o: his ONCE. and the
court before whom such conviction may be had
shall order and adlucGe such forfeiture o.:
Office II addition to the nIe imposed as
herein provided And whenever the
county attorney shall be unable or shall
neglect or refuse 70 enforce the provisions of
this act il his county. or for any reason what
Of hail bsas
forced in any county. il shall be the duty OF the
General a entnrcta the same n slcil